1014 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The Honourable Dr. B. R. Ambedkar : Sir, may I say a word? I am prepared to accept one of the amendments of my honourable Friend which says that the accused shall have the right to be defended. I can add these words in the last line of clause (1) of article 15A. It will run thus : ‘be denied the right to consult or to be defended by lawyers of his choice.’ I think that will carry out my honourable Friends intention.
Pandit Thakur Das Bhargava : In trials as well as in criminal proceedings?
The Honourable Dr. B. R. Ambedkar : ‘Defended’ means that.
Could we not curtail the debate now?
*Shri H. V. Kamath : ...In order to obviate or at least mitigate the evils or the harm that might accrue from unjust arrest of people by the police or other authorities I wish to provide through this amendment specifically that the person arrested shall be informed of the grounds of his arrest within seven days following his arrest. The words used in this article moved by Dr. Ambedkar are “as soon as may be”. I would be happy if the person is informed of the grounds even at the time of his arrest.
The Honourable Dr. B. R. Ambedkar : That is the intention. You are worsening the position by your amendment.
Shri H. V. Kamath : Why not then make it specific? I would welcome the substitution of the words “as soon as may be” by the word “immediately”. My Friend Shrimati Purnima Banerjee, has also moved an amendment to the same article, where she wishes to substitute the words “as soon as may be” by “not less than fifteen days”. I think fifteen days is far too long a period. I think twenty-four hours would be the best. In any case if there is any hitch in informing the arrestee of the grounds of his arrest, I think in no case should it exceed more than a week.
Coming, Sir, to the next amendment (No. 108), I beg to move :
“That in amendment No. 1 of List I (Eighth Week), in clause (2) of the proposed new article 15A, after the word ‘magistrate’, occuring at the end, the words ‘who shall afford such person an apportunity of being heard’ be added.”
The Honourable Dr. B. R. Ambedkar : I must tell my honourable Friend Mr. Kamath that he is worsening the position. Our intention is that the words “as soon as possible” really mean immediately after arrest, if not before arrest. Clause (2) says that every person who is arrested and detained in custody shall be produced before the nearest magistrate within
*CAD, Vol. IX, 15th September 1949, pp. 1515-16.